Michael Bartish’s Answers

I am on HITA for an MIP, I have completed four out of six months of non-reprobation. Will I be drug tested when I'm discharged?

I just sent completed my alcohol counseling and am curious if i will be discharged early and if they would drug test me. I did not have to do any drug screens so far i am just curious if they will randomly do it before I'm discharged, or if they w...

Michael’s Answer

February 12, 2014 2:59pm

You should assume that you will be drug tested. Accordingly, do not act in any manner that may make you succeptible to a positive drug test including hanging out with friends who are smoking marijuana. You are so close to the end. Be extra vigilant to ensure that you do not screw this up.

If a cop wants to interview on details of a possible sexual assault charge on a girl who is 13, what do you do?

CPS is involved and a report of touching breasts was reported. This started about 2 years ago. This girl is a daughter of the individual to be questioned and the one being charged of the sexual assault. The individual is the father and has been r...

Michael’s Answer

November 20, 2013 2:23pm

I agree with Mr. Austin. The person in question should absolutely not agree to answer any questions without an attorney.

I'm going to be 21 1 week after my court date is set for my first MIP charge, will that help?

I was not driving, nor did I have any alcohol in my possession. The cop had me take a breathalyzer while I was the passenger in the backseat & that's how he gave me my ticket. I never drank before & only started because I was going through a rough...

Michael’s Answer

July 20, 2013 8:34pm

The 58tg District Court in Holland has a MIP diversion program. You will probably qualify. For what it is worth, I do not believe the officer had probable cause to make you submit to a preliminary breath test based on the information contained in your question.

I have a felony warrant issued in 2007, does the statue of limitations apply? I was not given a ticket at the time of encounter

I was neither arrested or given a ticket when police found 3 grams of marijuana in my home in 2007. I was evicted from the location and did not have a forwarding address for mail. Months later, I searched and found I have outstanding warrants f...

Michael’s Answer

July 20, 2013 8:27pm

Holland district court does have a diversion program. If you have no prior record, you should get it. It also sounds like there was no probable cause for the officer to have you submit to a PBT.

Can my probation officer find out i have a job dealing with direct money when im not suppose to?

im 20 and under hyta for embezzlement felony and retail fraud 3 im on probation for 3 year and cant work with direct money but since i have cashier experience everybody wanna hire me as a cashier what do i do?

Michael’s Answer

January 24, 2013 8:56pm

He can find out if he checks with your employer. He has the right to do that. I agree with the previous poster. I would explain your situation to the PO and if necessary file a motion with the judge. You do not want to jeopardize your HYTA status.

Is a sex offender in violation of the 3 day law if he or she comes in to register 7 days after they move form the previous add

i was at the office to report changes in my situation (moved),and was arrested for not reporting my move within 3 days

Michael’s Answer

January 13, 2013 3:33pm

Yes. You are in violation of the law as it requires 3 days. However, I would still advise you to hire an attorney as you may still be able to work something out given the nature and facts of the violation. The fact that you on your own went to notify of the change of the address (even if it was 4 days late) will certainly work in your favor and might result in a very acceptable resolution of the matter.

I just found out I have two distruction of property conviction. The case was in 97. How can I get it expunge? I live in Michigan

I threw a break at my boyfriend car
15 years ago

Michael’s Answer

November 12, 2012 4:14pm

If you truly have two convictions, than there is little you can do to get them expunged. However, your question indicates you just found out - it is hard not to know of the convictions. Is it possible you just found out you have two pending charges. If that is the case, I would contact an attorney near the area where the charges are pending as he may be able to assist you.

If I choose not to use HYTA or 7411 in a first time offence involving marijuana use, how likely is the 90 day jail time?

I was 18 at the time of the incident, and a friend I was with was cited with the possession. I was simply with him and smoking when the officer caught us on university property. I am now 19 and have yet to hear from anyone regarding the incident, ...

Michael’s Answer

February 24, 2012 9:18pm

Obviously, your sentence depends on your judge. However, for a first time use or possession charge, I would be very surprise if you received any jail time.

My appeal claim on my driving restriction was denied. Can I take an adult driving class accompanied by a certi. driv. instr?

On Oct 31 my petition for my rest Lic was denied by Mr. Todd at the Secretary of State Office in Muskegon. Mr. Philip Sielski from Grand Haven went to this with me. Now that my appeal was denied can I get into an adult driving class as my restr...

Michael’s Answer

November 11, 2011 9:04pm

Selected as best answer

Margaret:

You can appeal the Secretary of States decision to the Circuit Court and I would suggest that you do so. However, if you elect to go this route, I would suggest you contact an attorney who is familiar with Driver License Restoration cases and has handled Circuit Court appeal of Secretary of State decisions. I do handle these type of cases and would be willing to offer you a free consultation if you wish.

Can my son stay in the Army?

My son popped hot on his UA (cocaine) three weeks after returning from a combat deployment from Afghanistan. He became very afraid of the potential consequences and went AWOL for 14 days. He voluntarily returned to his unit to face his punishmen...

Michael’s Answer

November 11, 2011 9:01pm

The short answer is yes, he can stay in the army. However, that is really going to be up to his commander and possibly a military judge depending on what the command elects to do. The fact that your son voluntarily returned to the army after 14 days is a good thing. While the positive drug test is certainly a problem, how the command decides to handle this matter has a lot to do with how your son performed as a soldier during his deployment and while serving on active.

You son will most likely be assigned an Army TDS attorney to represent him and get the bet result that he can for your son. The main thing your son needs to do from here on out is to simply be the best soldier he can be and get treated for his PTSD.